CRIMINAL LAW IN THAILAND: Part 68 _ gambling in Thailand II

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CRIMINAL LAW IN THAILAND: Part 68 _ gambling in Thailand II






Last week we began a discussion of gambling in Thailand. The basic law is the Gambling Act BE 2478 (1935). Some traditional Thai games of chance and animal contests in which the animals are tortured fall into list A of the act. These are seldom, if ever, allowed and expose players and organisers to a small fine and up to a three years in jail.
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Most games of chance, including animal contests that don't involve torturing animals, fall on list B of the act and are allowed if they are licensed by the proper authorities or if they are allowed by regulations from the interior minister. For these, and some items on list A, if there is no licence or regulation allowing them, both the player and the person who runs the game are exposed to punishment of up to two years in jail and a small fine. For gambling not mentioned on list A or B, such as on athletic contests, the punishment is up to one year in jail and a small fine.
This time we're going to look at a few particular types of gambling and how Thai law applies to these. The first is casino gambling. Certain casino games such as roulette and slot machines are on list A of the act. As mentioned earlier, these can only be permitted by royal decree, and there has only been one royal decree on gambling since 1935. Other casino games such as blackjack and poker are included on list B. These games could be allowed with approval from local officials or by ministerial regulation. In practice, however, they have never been allowed.
Of course, everybody's aware that there are casinos in Thailand, right? There is a crackdown at present, and that's what some of the recent headlines on the police, casinos and enforcement have been about. But what if you're invited to play at a gambling place in your town? And at the exact moment you take your seat in front of a dealer, the police burst in and arrest everybody? As mentioned above, all casinos in Thailand are illegal, so no matter how normal or established they look, you now know the truth _ they are illegal. So if you're convicted, you'll be exposed to the penalties mentioned above. Realistically, we understand that the risks of arrest and those of doing time for an offence like this are small. But part of our job is to explain the law, and make you aware of it, even though enforcement is spotty.
What about lotteries? There is a law, the Government Lottery Office Act BE 2517 (1974), that allows the government to run a lottery. Because of this, the provisions of the act don't apply to the national lottery and it is legal. So the people you see all over the place selling lottery tickets issued by the Government Lottery Office are selling legal lottery tickets. If these sellers try to sell the tickets at prices higher than those specified on the tickets, however, they are exposed to a fine.
Private lotteries are on list B of the act and if they take place without being licensed or subject to regulation allowing them, operators and players face up to two years in jail and a small fine.
Next week we'll examine a few examples of gambling that might cause you problems of which you are not even aware.
 
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